Knowledge of the basic principles of psychology can play an important role in the life of any person. In order for us to most productively fulfill the goals we have set for ourselves and effectively interact with the people around us, we need to have at least an idea of what personality psychology is, how personality development occurs and what are the features of this process. It is important to know what the constituent elements and personality types are. By understanding these issues, we get the opportunity to make our lives more productive, comfortable and harmonious.
The following lesson on personality psychology is designed to help you understand these important fundamentals and learn how to use them in practice as effectively as possible. Here you will get acquainted with how a person and the problem of personality are viewed in psychology: you will learn its foundations and structure. And also gain insight into personality research and many other interesting topics.
What is personality?
In the modern world there is no unambiguous definition of the concept of “personality” and this is due to the complexity of the personality phenomenon itself. Any currently available definition is worthy of being taken into account when compiling the most objective and complete one.
If we talk about the most common definition, we can say that:
Personality- this is a person who has a certain set of psychological properties on which his actions that are significant for society are based; the internal difference between one person and the rest.
There are several other definitions:
- Personality it is a social subject and the totality of his personal and social roles, his preferences and habits, his knowledge and experience.
- Personality- this is a person who independently builds and controls his life and bears full responsibility for it.
Together with the concept of “personality” in psychology, such concepts as “individual” and “individuality” are used.
Individual- this is an individual person, considered as a unique set of his innate and acquired qualities.
Individuality- a set of unique traits and characteristics that distinguish one individual from all others; the uniqueness of the human personality and psyche.
In order for anyone who shows interest in the human personality as a psychological phenomenon to have the most objective idea about it, it is necessary to highlight the key elements that make up the personality, in other words, to talk about its structure.
Personality structure
The structure of a personality is the connection and interaction of its various components: abilities, volitional qualities, character, emotions, etc. These components are its properties and differences and are called “traits.” There are quite a lot of these features, and to structure them there is a division into levels:
- Lowest level of personality These are sexual properties of the psyche, age-related, innate.
- Second level of personality These are individual manifestations of thinking, memory, abilities, sensations, perceptions, which depend on both congenital factors and their development.
- Third level of personality This is an individual experience that contains acquired knowledge, habits, abilities, and skills. This level is formed in the process of life and is social in nature.
- Highest level of personality- this is its orientation, which includes interests, desires, inclinations, inclinations, beliefs, views, ideals, worldviews, self-esteem, character traits. This level is the most socially determined and formed under the influence of upbringing, and also more fully reflects the ideology of the society in which a person is located.
Why is it important and necessary to distinguish these levels from each other? At least in order to be able to objectively characterize any person (including yourself) as a person, to understand what level you are considering.
The differences between people are very multifaceted, because at each level there are differences in interests and beliefs, knowledge and experience, abilities and skills, character and temperament. It is for these reasons that it can be quite difficult to understand another person, to avoid contradictions and even conflicts. In order to understand yourself and others, you need to have a certain amount of psychological knowledge, and combine it with awareness and observation. And in this very specific issue, knowledge of key personality traits and their differences plays an important role.
Key personality traits
In psychology, personality traits are usually understood as stable mental phenomena that have a significant impact on a person’s activity and characterize him from the socio-psychological side. In other words, this is how a person manifests himself in his activities and in his relationships with others. The structure of these phenomena includes abilities, temperament, character, will, emotions, motivation. Below we will look at each of them separately.
Capabilities
When understanding why different people under the same living conditions produce different results, we are often guided by the concept of “ability,” assuming that it is they that influence what a person achieves. We use the same term to find out why some people learn something faster than others, etc.
The concept " capabilities" can be interpreted in different ways. Firstly, it is a set of mental processes and states, often called the properties of the soul. Secondly, this is a high level of development of general and special skills, abilities and knowledge that ensure the effective performance of various functions by a person. And thirdly, abilities are everything that cannot be reduced to knowledge, skills and abilities, but with the help of which their acquisition, use and consolidation can be explained.
A person has a huge number of different abilities that can be divided into several categories.
Elementary and complex abilities
- Elementary (simple) abilities- these are abilities associated with the functions of the senses and simple movements (the ability to distinguish smells, sounds, colors). They are present in a person from birth and can be improved throughout life.
- Complex abilities- these are abilities in various activities related to human culture. For example, musical (composing music), artistic (the ability to draw), mathematical (the ability to easily solve complex mathematical problems). Such abilities are called socially conditioned, because they are not innate.
General and special abilities
- General Abilities- these are abilities that all people have, but are developed in everyone to varying degrees (general motor, mental). They determine success and achievements in many activities (sports, learning, teaching).
- Special Abilities- these are abilities that are not found in everyone and for which, in most cases, the presence of certain inclinations is required (artistic, visual, literary, acting, musical). Thanks to them, people achieve success in specific activities.
It should be noted that the presence of special abilities in a person can be harmoniously combined with the development of general ones, and vice versa.
Theoretical and practical
- Theoretical abilities- these are abilities that determine an individual’s propensity for abstract logical thinking, as well as the ability to clearly set and successfully carry out theoretical tasks.
- Practical abilities- these are abilities that are manifested in the ability to set and perform practical tasks associated with specific actions in certain life situations.
Educational and creative
- Study Abilities- these are the abilities that determine the success of learning, assimilation of knowledge, skills and abilities.
- Creative skills- these are abilities that determine a person’s ability to create objects of spiritual and material culture, as well as influencing the production of new ideas, making discoveries, etc.
Communicative and subject-activity
- Communication skills- these are abilities that include knowledge, skills and abilities related to communication and interaction with other people, interpersonal assessment and perception, establishing contacts, networking, finding a common language, liking oneself and influencing people.
- Subject-related abilities- these are abilities that determine the interaction of people with inanimate objects.
All types of abilities are complementary, and it is their combination that gives a person the opportunity to develop most fully and harmoniously. Abilities influence both each other and a person’s success in life, activity and communication.
In addition to the fact that psychology uses the concept of “ability” to characterize a person, terms such as “genius”, “talent”, “giftedness” are also used, indicating more subtle nuances of a person’s individuality.
- Giftedness- this is the presence in a person from birth of the inclinations for better development of abilities.
- Talent- these are abilities that are revealed to the fullest extent through the acquisition of skills and experience.
- Genius- this is an unusually high level of development of any abilities.
As we mentioned above, a person’s life outcome is very often related to his abilities and their application. And the results of the vast majority of people, unfortunately, leave much to be desired. Many people begin to search for solutions to their problems somewhere outside, when the right solution is always found within a person. You should just look inside yourself. If a person in his daily activities does not do what he has inclinations and predispositions for, then the effect from this will be, to put it mildly, unsatisfactory. One of the options to change things is to accurately determine your abilities.
If, for example, you have an innate ability to lead and manage people, and you work as a goods receiver in a warehouse, then, of course, this occupation will not bring any moral, emotional, or financial satisfaction, because you are doing something completely different from yours. business. In this situation, some kind of management position would be more suitable for you. You can start by at least working as a middle manager. Innate leadership abilities, when systematically used and developed, will take you to a completely different level. Set aside time in your schedule to determine your inclinations and abilities, study yourself, try to understand what you really want to do and what will bring you pleasure. Based on the results obtained, it will be possible to draw a conclusion on the direction in which to move further.
To determine abilities and inclinations, there are now a huge number of tests and techniques. You can read more about abilities.
An aptitude test will appear here soon.
Along with abilities, as one of the main personality traits, temperament can be distinguished.
Temperament
Temperament call a set of properties that characterize the dynamic features of mental processes and human states (their occurrence, change, strength, speed, cessation), as well as his behavior.
The idea of temperament goes back to the works of Hippocrates, an ancient Greek philosopher who lived in the 5th century. BC. It was he who defined the different types of temperaments that people use to this day: melancholic, choleric, phlegmatic, sanguine.
Melancholic temperament- this type is characteristic of people of a gloomy mood, with a tense and complex inner life. Such people are distinguished by vulnerability, anxiety, restraint, and also by the fact that they attach great importance to everything that concerns them personally. With minor difficulties, melancholic people give up. They have little energy potential and get tired quickly.
Choleric temperament- most typical for hot-tempered people. People with this type of temperament are unrestrained, impatient, hot-tempered and impulsive. But they quickly cool down and calm down if someone meets them halfway. Cholerics are characterized by persistence and stability of interests and aspirations.
Phlegmatic temperament- These are cold-blooded people who are more prone to being in a state of inactivity than in a state of active work. They are slow to excite, but take a long time to cool down. Phlegmatic people are not resourceful; it is difficult for them to adapt to a new environment, adapt to a new way, and get rid of old habits. But at the same time, they are efficient and energetic, patient, have self-control and endurance.
Sanguine temperament Such people are cheerful, optimistic, humorists and jokers. Full of hope, sociable, easy to meet new people. Sanguine people are distinguished by their quick reaction to external stimuli: they can be easily cheered up or angered. They actively take on new endeavors and can work for a long time. They are disciplined, can control their reactions if necessary and quickly adapt to new conditions.
These are far from complete descriptions of temperament types, but contain the most characteristic features of them. Each of them is neither good nor bad in itself unless linked to requirements and expectations. Any type of temperament can have both its disadvantages and its advantages. You can find out more about human temperament.
Having a good understanding of the influence of the type of temperament on the speed of occurrence of mental processes (perception, thinking, attention) and their intensity, on the pace and rhythm of activity, as well as on its direction, you can easily and effectively use this knowledge in everyday life.
To determine the type of temperament, it is best to use specialized tests compiled by experts in the field of personality studies.
A test for determining temperament will appear here soon.
Another fundamental property of a person’s personality is his character.
Character
Character are the methods of human interaction with the outside world and other people acquired in certain social conditions that constitute the type of his life activity.
In the process of communication between people, character is manifested in behavior, ways of reacting to the actions and actions of others. Manners can be delicate and tactful or rude and unceremonious. This is due to the difference in people's characters. People with the strongest or, conversely, weak character always stand out from the rest. People with strong character, as a rule, are distinguished by perseverance, perseverance, and purposefulness. And weak-willed people are characterized by weakness of will, unpredictability, and randomness of actions. Character includes many traits that modern experts divide into three groups: communicative, business, and strong-willed.
Communicative traits are manifested in a person’s communication with others (withdrawal, sociability, responsiveness, anger, goodwill).
Business traits are manifested in everyday work activities (neatness, conscientiousness, hard work, responsibility, laziness).
Volitional traits are directly related to a person’s will (commitment, perseverance, perseverance, lack of will, compliance).
There are also motivational and instrumental character traits.
Motivational traits are those that encourage a person to act, guide and support his activity.
Instrumental traits - give behavior a certain style.
If you can get a clear idea of the traits and characteristics of your character, this will allow you to understand the motivating force that guides your development and self-realization in life. This knowledge will allow you to determine which of your features are most developed and which need to be improved, as well as understand through which features of yours you interact more with the world and others. An in-depth understanding of yourself provides a unique opportunity to see how and why you react this way to life situations and events, and what you need to cultivate in yourself so that your lifestyle becomes as productive and useful as possible and you can be fully realized. If you know the characteristics of your character, its pros and cons, and begin to improve yourself, you will be able to react best in a given situation, you will know how to respond to harmful or beneficial influences, what to say to another person in response to his actions and words .
A test to determine character traits will appear here soon.
One of the most important personality traits that has the most serious impact on the process of human life and its results is will.
Will
Will- this is the property of a person to consciously control his psyche and actions.
Thanks to will, a person is able to consciously control his own behavior and his mental states and processes. With the help of will, a person exerts a conscious influence on the world around him, introducing into it the necessary (in his opinion) changes.
The main sign of will is associated with the fact that, in most cases, it is associated with a person making reasonable decisions, overcoming obstacles and making efforts to realize his plans. A volitional decision is made by an individual in conditions of contrasting, multidirectional needs, drives and motives that have approximately the same driving force, due to which a person always needs to choose one of two/several.
Will always implies self-restraint: acting in one way or another to achieve certain goals and results, realizing certain needs, a person acting according to his own will must always deprive himself of something else, which perhaps seems more attractive and desirable to him. Another sign of the participation of will in human behavior is the presence of a specific plan of action.
An important feature of volitional effort is the absence of emotional satisfaction, but the presence of moral satisfaction that arises as a result of the implementation of the plan (but not in the process of implementation). Very often, volitional efforts are directed not at overcoming circumstances, but at “defeating” oneself, despite one’s natural desires.
Mainly, will is what helps a person overcome life's difficulties and obstacles along the way; something that helps you achieve new results and develop. As one of the greatest writers of the 20th century, Carlos Castaneda, said: “Will is what makes you win when your mind tells you that you are defeated.” We can say that the stronger a person’s willpower, the stronger the person himself (this means, of course, not physical, but internal strength). The main practice for developing willpower is its training and hardening. You can start developing your willpower with very simple things.
For example, make it a rule to notice those tasks, the postponement of which devastates you, “sucks energy” and the implementation of which, on the contrary, invigorates, energizes and has a positive impact. These are the things that you are too lazy to do. For example, tidying up when you don’t feel like it at all, doing exercises in the morning by getting up half an hour earlier. An inner voice will tell you that this can be postponed or that it is not necessary to do this at all. Don't listen to him. This is the voice of your laziness. Do it as you intended - after that you will notice that you feel more energetic and alert, stronger. Or another example: identify your weaknesses (this could be aimless spending time on the Internet, watching TV, lying on the couch, sweets, etc.). Take the weakest one and give it up for a week, two, a month. Promise yourself that after a designated period you will return to your habit again (if you want, of course). And then - the most important thing: take the symbol of this weakness and keep it with you at all times. But do not give in to the provocations of the “old you” and remember the promise. This is training your willpower. Over time, you will see that you have become stronger and can move on to giving up stronger weaknesses.
But nothing can compare in the power of influence on the human psyche as another property of his personality - emotions.
Emotions
Emotions can be characterized as special individual experiences that have a pleasant or unpleasant mental coloring and are associated with the satisfaction of vital needs.
Among the main types of emotions are:
Mood - it reflects the general state of a person at a certain moment
The simplest emotions are experiences that are associated with the satisfaction of organic needs
Affects are violent, short-lived emotions that are especially manifested externally (gestures, facial expressions)
Feelings are a spectrum of experiences associated with certain objects
Passion is pronounced feelings that cannot (in most cases) be controlled
Stress is a combination of emotions and the physical state of the body
Emotions, especially feelings, affects and passions, are an invariable part of a person’s personality. All people (personalities) are very different emotionally. For example, by emotional excitability, duration of emotional experiences, predominance of negative or positive emotions. But the main sign of difference is the intensity of the emotions experienced and their direction.
Emotions have the characteristic feature of having a serious impact on a person’s life. Under the influence of certain emotions at certain moments, a person can make decisions, say something, and perform actions. As a rule, emotions are a short-lived phenomenon. But what a person sometimes does under the influence of emotions does not always give good results. And because our lesson is devoted to how to improve your life, then we should talk specifically about ways to influence it favorably.
It is important to learn to control your emotions and not give in to them. First of all, you need to remember that an emotion, whatever it is (positive or negative) is just an emotion, and it will soon pass. Therefore, if in any negative situation you feel that negative emotions are beginning to prevail in you, remember this and restrain them - this will allow you not to do or say something that you may later regret. If, thanks to some outstanding positive events in life, you experience a surge of joyful emotions, then also remember this; this practice will allow you to avoid unnecessary energy costs.
Surely, you are familiar with the situation when, some time after a moment of intense joy or delight, you feel some kind of inner devastation. Emotions are always a waste of personal energy. It’s not for nothing that the ancient Jewish king Solomon had a ring on his finger with the inscription: “This too shall pass.” Always in moments of joy or sadness, he turned his ring and read this inscription to himself in order to remember the short duration of emotional experiences.
Knowledge of what emotions are and the ability to manage them are very important aspects in the development of personality and life in general. Learn to manage your emotions and you will know yourself to the fullest. Such things as introspection and self-control, as well as various spiritual practices (meditation, yoga, etc.) allow you to master this skill. You can find information about them on the Internet. You can learn more about what emotions are in our acting training.
But, despite the importance of all the personality properties discussed above, perhaps the dominant role is occupied by another of its properties - motivation, since it influences the desire to learn more about oneself and immerse oneself in the psychology of personality, interest in something new, hitherto unknown, even if you are reading this lesson.
Motivation
In general, in human behavior there are two sides that complement each other - incentive and regulation. The incentive side ensures the activation of behavior and its direction, and the regulatory side is responsible for how behavior develops under specific conditions.
Motivation is closely related to such phenomena as motivations, intentions, motives, needs, etc. In the narrowest sense, motivation can be defined as a set of reasons that explain human behavior. This concept is based on the term “motive”.
Motive- this is any internal physiological or psychological urge responsible for the activity and purposefulness of behavior. Motives can be conscious and unconscious, imaginary and really active, meaning-forming and motivating.
The following phenomena influence human motivation:
Need is a state of human need for anything necessary for normal existence, as well as mental and physical development.
A stimulus is any internal or external factor, coupled with a motive, that controls behavior and directs it to achieve a specific goal.
Intention is a thought-out and consciously made decision that is consistent with the desire to do something.
Motivation is a person’s not fully conscious and vague (possibly) desire for something.
It is motivation that is the “fuel” of a person. Just as a car needs gasoline so that it can go further, a person needs motivation in order to strive for something, develop, and reach new heights. For example, you wanted to learn more about human psychology and personality traits, and this was the motivation for turning to this lesson. But what is a great motivation for one may be an absolute zero for another.
Knowledge about motivation, first of all, can be successfully used for yourself: think about what you want to achieve in life, make a list of your life goals. Not just what you would like to have, but exactly what makes your heart beat faster and makes you emotional. Imagine what you want as if you already have it. If you feel that it turns you on, then this is your motivation to act. We all experience periods of ups and downs in activity. And it is precisely in moments of decline that you need to remember what you should move forward for. Set a global goal, divide its achievement into intermediate stages and start taking action. Only the person who knows where he is going and takes steps towards it will reach his goal.
Also, knowledge about motivation can be used in communicating with people.
An excellent example would be a situation where you ask a person to fulfill some request (for friendship, for work, etc.). Naturally, in exchange for a service, a person wants to receive something for himself (as sad as it may be, most people are characterized by selfish interest, even if it manifests itself in some to a greater extent and in others to a lesser extent). Determine what a person needs; this will be a kind of hook that can hook him, his motivation. Show the person the benefit. If he sees that by meeting you halfway, he will be able to satisfy some essential need for him, then this will be an almost 100% guarantee that your interaction will be successful and effective.
In addition to the above material, it is worth mentioning the process of personality development. After all, everything that we considered before is closely interconnected with this process, depends on it and at the same time influences it. The topic of personality development is very unique and voluminous for describing it as a small part of one lesson, but it cannot be ignored. And therefore we will touch on it only in general terms.
Personal development
Personal development is part of overall human development. It is one of the main themes of practical psychology, but it is understood far from ambiguously. When scientists use the phrase “personal development,” they refer to at least four different topics.
- What are the mechanisms and dynamics of personality development (the process itself is studied)
- What does a person achieve in the process of his development (results are studied)
- In what ways and means can parents and society form a child’s personality (the actions of “educators” are examined)
- How can a person develop himself as a person (the actions of the person himself are studied)
The topic of personality development has always attracted many researchers and was considered from different angles. For some researchers, the greatest interest in personality development is the influence of socio-cultural characteristics, the methods of this influence and models of education. For others, the subject of close study is a person’s independent development of himself as an individual.
Personal development can be either a natural process that does not require outside participation, or a conscious, purposeful one. And the results will differ significantly from each other.
In addition to the fact that a person is able to develop himself, he can also develop others. Practical psychology is most characterized by assistance in personal development, the development of new methods and innovations in this matter, various trainings, seminars and educational programs.
Basic theories of personality research
The main directions in personality research can be identified starting around the middle of the 20th century. Next we will look at some of them, and for the most popular (Freud, Jung) we will give examples.
This is a psychodynamic approach to the study of personality. Personality development was considered by Freud from a psychosexual perspective, and he proposed a three-component personality structure:
- Id - “it”, it contains everything inherited and embedded in the human constitution. Each individual has basic instincts: life, death and sexual, the most important of which is the third.
- Ego - “I” is a part of the mental apparatus that is in contact with the surrounding reality. The main task at this level is self-preservation and protection.
- Super ego - “super ego” is the so-called judge of the activities and thoughts of the ego. Three functions are performed here: conscience, introspection and the formation of ideals.
Freud's theory is perhaps the most popular of all theories in psychology. It is widely known because it reveals the deep characteristics and incentives of human behavior, in particular the strong influence of sexual desire on a person. The basic tenet of psychoanalysis is that human behavior, experience and cognition are largely determined by internal and irrational drives, and these drives are predominantly unconscious.
One of the methods of Freud's psychological theory, when studied in detail, says that you need to learn to use your excess energy and sublimate it, i.e. redirect to achieve certain goals. For example, if you notice that your child is overly active, then this activity can be directed in the right direction - by sending the child to the sports section. As another example of sublimation, the following situation can be cited: you were standing in line at the tax office and encountered an arrogant, rude and negative person. In the process, he yelled at you, insulted you, thereby causing a storm of negative emotions - an excess of energy that needs to be thrown out somewhere. To do this, you can go to the gym or pool. You yourself will not notice how all the anger will go away, and you will again be in a cheerful mood. This, of course, is a completely trivial example of sublimation, but the essence of the method can be grasped in it.
To learn more about the sublimation method, visit this page.
Knowledge of Freud's theory can also be used in another aspect - the interpretation of dreams. According to Freud, a dream is a reflection of something that is in a person’s soul, which he himself may not even be aware of. Think about what reasons could lead to you having this or that dream. Whatever comes to your mind first as an answer will make the most sense. And based on this, you should interpret your dream as a reaction of your unconscious to external circumstances. You can read Sigmund Freud's work “The Interpretation of Dreams”.
Apply Freud's knowledge in your personal life: in exploring your relationship with your loved one, you can put into practice the concepts of “transfer” and “counter-transference”. Transfer is the transfer of feelings and affections of two people to each other. Countertransfer is the reverse process. If you look into this topic in more detail, you can find out why certain problems arise in relationships, which makes it possible to resolve them as quickly as possible. It has been written about this in great detail.
Read more about Sigmund Freud's theory on Wikipedia.
Jung introduced the concept of “I” as the individual’s desire for unity and integrity. And in the classification of personality types, he put a person’s focus on himself and the object - he divided people into extroverts and introverts. In Jung's analytical psychology, personality is described as the result of the interaction of aspiration for the future and individual innate predisposition. Also, special importance is attached to the movement of the individual along the path of self-realization through balancing and integrating various elements of personality.
Jung believed that every person is born with a set of certain personal characteristics and that the external environment does not give a person the opportunity to become a person, but reveals the characteristics already inherent in it. He also identified several levels of the unconscious: individual, family, group, national, racial and collective.
According to Jung, there is a certain mental system that a person inherits at birth. It has developed over hundreds of millennia and forces people to experience and realize all life experiences in a very specific way. And this specificity is expressed in what Jung called archetypes that influence the thoughts, feelings and actions of people.
Jung's typology can be applied in practice to determine your own type of attitude or the types of attitudes of others. If, for example, you notice in yourself/others indecision, isolation, sharpness of reactions, a prevailing state of defense from the external, distrust, this indicates that your attitude/the attitude of others is of the introverted type. If you/others are open, easy to make contact, trusting, involved in unfamiliar situations, disregard caution, etc., then the attitude belongs to the extroverted type. Knowing your type of attitude (according to Jung) makes it possible to better understand yourself and others, the motives for actions and reactions, and this, in turn, will allow you to increase your effectiveness in life and build relationships with people in the most productive way.
Jung's analytical method can also be used to analyze your behavior and the behavior of others. Based on the classification of the conscious and unconscious, you can learn to identify the motives that guide your behavior and those of the people around you.
Another example: if you notice that your child, upon reaching a certain age, begins to behave hostilely towards you and tries to abstract himself from people and the world around him, then you can say with a high degree of confidence that the process of individuation has begun - the formation of individuality. This usually occurs in adolescence. According to Jung, there is a second part of the formation of individuality - when a person “returns” to the world and becomes an integral part of it, without trying to separate himself from the world. The observation method is ideal for identifying such processes.
Wikipedia.
William James' theory of personality
It divides personality analysis into 3 parts:
- Components of personality (which are grouped into three levels)
- Feelings and emotions evoked by constituent elements (self-esteem)
- Actions caused by constituent elements (self-preservation and self-care).
Read more about this theory on Wikipedia.
Individual Psychology of Alfred Adler
Adler introduced the concept of “lifestyle”; it manifests itself in the attitudes and behavior of a particular individual and is formed under the influence of society. According to Adler, the personality structure is uniform, and the main thing in its development is the desire for superiority. Adler distinguished 4 types of attitudes that accompany lifestyle:
- Control type
- Receiving type
- Avoidant type
- Socially useful type
He also proposed a theory whose purpose is to help people understand themselves and those around them. Adler's ideas were the forerunners of phenomenological and humanistic psychology.
Read more about this theory on Wikipedia.
Psychosynthesis by Roberto Assagioli
Assagioli identified 8 zones (substructures) in the basic structure of the psyche:
- Lower unconscious
- Middle unconscious
- Higher unconscious
- Field of consciousness
- Personal "I"
- Higher Self
- Collective unconscious
- Subpersonality (subpersonality)
The meaning of mental development, according to Assagioli, was to increase the unity of the psyche, i.e. in the synthesis of everything in a person: body, psyche, conscious and unconscious.
Read more about this theory on Wikipedia.
Physiological (biological) approach (type theory)
This approach focused on the structure and structure of the body. There are two main works in this direction:
Typology of Ernst Kretschmer
According to it, people with a certain body type have certain mental characteristics. Kretschmer identified 4 constitutional types: leptosomatic, picnic, athletic, dysplastic. Read more about this theory on Wikipedia.
Work by William Herbert Sheldon
Sheldon suggested that body shape influences personality and reflects its characteristics. He distinguished 3 body types: endomorph, ectomorph, mesomorph. Read more about this theory on Wikipedia.
Eduard Spranger's concept of personality
Spranger described 6 psychological types of man, depending on the forms of knowledge of the world: Theoretical man, Economic man, Aesthetic man, Social man, Political man, Religious man. In accordance with the spiritual values of a person, the individuality of his personality is determined. Read more about this theory on Wikipedia.
Gordon Allport's Dispositional Direction
Allport put forward 2 general ideas: trait theory and the uniqueness of each person. According to Allport, every personality is unique and its uniqueness can be understood by identifying specific personality traits. This scientist introduced the concept of “proprium” - something that is recognized as one’s own in the inner world and is a distinctive feature. Proprium guides a person's life in a positive, creative, growth-seeking and evolving direction in accordance with human nature. Identity here plays the role of internal constancy. Allport also emphasized the indivisibility and integrity of the entire personality structure. Read more.
Intrapsychological approach. Kurt Lewin's theory
Lewin suggested that the driving forces of personality development are within oneself. The subject of his research was the needs and motives of human behavior. He tried to approach the study of personality as a whole and was a supporter of Gestalt psychology. Lewin proposed his own approach to understanding personality: in it, the source of the driving forces of human behavior is in the interaction of a person and a situation and is determined by his attitude towards it. This theory is called dynamic or typological. Read more about this theory on Wikipedia.
Phenomenological and humanistic theories
The main causal means of personality here is faith in the positive principle in every person, his subjective experiences and the desire to realize his potential. The main proponents of these theories were:
Abraham Harold Maslow: His key idea was the human need for self-actualization.
The existentialist movement of Viktor Frankl
Frankl was convinced that the key points in personal development are freedom, responsibility and the meaning of life. Read more about this theory on Wikipedia.
Each of the existing theories has its own uniqueness, significance and value. And each of the researchers identified and clarified the most important aspects of a person’s personality and each of them is right in their own area.
For a more complete introduction to the issues and theories of personality psychology, you can use the following books and textbooks.
- Abulkhanova-Slavskaya K.A. Personality development in the process of life // Psychology of personality formation and development. M.: Nauka, 1981.
- Abulkhanova K.A., Berezina T.N. Personal time and life time. St. Petersburg: Aletheya, 2001.
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Test your knowledge
If you want to test your knowledge on the topic of this lesson, you can take a short test consisting of several questions. For each question, only 1 option can be correct. After you select one of the options, the system automatically moves on to the next question. The points you receive are affected by the correctness of your answers and the time spent on completion. Please note that the questions are different each time and the options are mixed.
It is no coincidence that corporate lawyers in the United States are often called shooters for hire.
E. Toffler. "Metamorphoses of Power"
Basic provisions of the Civil Code
From a legal perspective, the most important part of a company's relationship with other companies is the contractual relationship. Unlike many other types of legal work, the importance of work on contracts is recognized by most managers.
The agreement establishes the rules of relations between the company and its suppliers, consumers and partners. General provisions on contracts, the concept and terms of a contract, their conclusion, amendment and termination are provided for by the rules of the first part of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).
In accordance with Chapter 9 of the Civil Code, a contract is a two- or multilateral transaction. Transaction - actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. Let us recall several important provisions regarding contracts.
Important evaluative statement. Many practicing lawyers like to repeat: when two parties to a transaction do everything well, they do not need a contract. But when something wrong happens, the terms of the deal are violated, then a contract is necessary. This means that the contract must take into account everything related to adverse consequences and sanctions against the violator of the terms of the contract.
The second part of the Civil Code of the Russian Federation, from chapters 30 to 58, describes various types of commercial relations, such as purchase and sale, rent, loan, contract, etc. An agreement concluded by Russian companies in each of the areas of economic relations regulated by the Civil Code must comply with the relevant chapter of the Civil Code. However, in accordance with Art. 421 of the Civil Code of the Russian Federation, “The parties may enter into an agreement either provided for or not provided for by law or other legal acts. The parties may enter into an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). In fact, the parties to an agreement can freely conclude any agreement between themselves if its subject matter or individual terms do not clearly contradict the provisions of Russian laws.
It is useful to know Article 157 of the Civil Code, which is called “Transactions made under conditions.” In accordance with this article, “1. A transaction is considered to be completed under a suspensive condition if the parties have made the emergence of rights and obligations dependent on a circumstance regarding which it is unknown whether it will occur or not.
2. A transaction is considered completed under a severable condition if the parties have made the termination of rights and obligations dependent on a circumstance regarding which it is unknown whether it will occur or not.
3. If the occurrence of a condition was prevented in bad faith by a party for whom the occurrence of the condition is unfavorable, then the condition is recognized as having occurred.
If the occurrence of a condition was facilitated in bad faith by a party to whom the occurrence of the condition is beneficial, then the condition is recognized as not having occurred.”
As we see, many problems associated with the execution of contracts can be solved through the use of suspensive and suspensive conditions.
A few words about concluding an agreement. An agreement is considered concluded if an agreement is reached between the parties in the required form on all essential terms of the agreement. The conditions regarding the subject of the contract are essential; conditions that are named in the law or other legal acts as essential or necessary for contracts of this type; as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached. Usually, the essential conditions are the subject of the transaction, its price and term, but this depends on the specific transaction. The agreement is concluded after the sending of an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of this offer) by the other party.
Finally, in most cases the contract should be simple and understandable. If a competent manager does not understand several terms of the contract, then the contract is poorly written.
Contractual relationship
Agreement as a document. Much attention is paid to the practical details of contractual legal work in the educational and practical manual “Legal Services for Business (Corporate Lawyer)” by K. K. Lebedev. The author separately examines the situation of writing contracts that are not at all provided for by laws and other legal acts (Article 421 of the Civil Code of the Russian Federation), that is, most likely, they have no analogues or prototypes. In such a case, he believes, the lawyer needs to “use a method of spatio-temporal imagination, which could be called the method of contractual modeling: he must imagine the entire “scenario”, i.e. how the relationship between the parties to the contract will develop, how the obligation arising from the contract will be fulfilled, what violations of the terms of the contract are potentially possible and what consequences may occur.”
If there are several interested parties in a transaction, Lebedev recommends drawing written diagrams of contractual relations. For large and complex transactions involving many companies, such as investments in construction, he recommends signing multilateral agreements with separate stages of the transaction.
One of the best methodological documents (and very laconic) dedicated to contractual work is the Instructive Letter of the Committee of the Russian Federation on Trade No. 1-1492/32-21 dated November 9, 1995. Its text, revised by the authors, is given in Appendix 1. This document examines in detail the general structure and main sections of the contract. We strongly encourage readers to read this document and use it as a teaching tool.
Despite all the elaboration of the topic of contractual work, a number of its aspects have not been sufficiently studied. From the point of view of organizing legal work, effective technology is needed to prepare high-quality contracts. It is from this angle that the authors will consider contractual work.
High-quality work on legal documents, including contracts, should begin with the preparation of a methodological standard that describes the requirements for this work. As a basis for preparing a qualitative regulation on the procedure for concluding contracts, the “Regulation on the procedure for concluding business contracts and organizing accounting and control over the fulfillment of contractual obligations” can be used, which is given in the book “Legal regulation of the activities of commercial organizations by internal documents” by I. S. Shitkina2 . This provision has the following structure:
- General provisions;
- Subjects of contractual legal work;
- Procedure, terms of conclusion and storage of contracts;
- Execution, amendment, termination of business contracts;
- Final provisions.
The role of lawyers in the process of preparing contracts is, of course, important. But it is often exaggerated. It comes to the point that contractual work is considered the competence of lawyers exclusively. But this is not so. Lawyers in the general flow of contracts are not the initiators of transactions, do not determine their economic content and most of the essential conditions, and do not make the final decision on concluding a contract. Lawyers are more likely to be translators, rather than authors of contract texts.
An agreement within the framework of one transaction can be formulated in favor of both one party and the other party. Also, the agreement can be drawn up neutrally, taking into account the interests of both parties. The role of lawyers is to make the contract clear and specific and to protect the interests of their company by either agreeing on parity of rights and obligations, or establishing a system of rights and obligations under the contract in their favor. When preparing agreements within a company, a standard technical specification for writing an agreement will be very helpful, in which the initiator of the agreement must describe the essential conditions on the basis of which lawyers will prepare the text of the agreement. When working with contracts, the most important professional quality of lawyers is clearly demonstrated - the ability to formulate.
Working with contracts for a company is divided into 2 main types: working with your own contracts and working with other people’s contracts. Our own agreements require creative work, others require analysis and criticism.
It is impossible not to mention the situation with monopolists. Many large monopolists use standard contracts. Which are often printed in a typographical way. They cannot be changed; if you want to use the services, agree to such an agreement; such an agreement in accordance with the Civil Code of the Russian Federation is called an agreement of adhesion (Article 428).
N. Larina, in the article “How to avoid mistakes when drawing up a contract,” highlights the following aspects of working with contracts: “The art of drawing up a contract consists of the ability to formulate its articles in such a way that the drafter receives significant and at the same time advantages and abilities to deal with the counterparty that are not noticed by the counterparty.” the need to make a concession in one article, and in another - to reduce it to nothing, the ability to formulate the terms of the agreement in such a way that the partner is interested in its implementation."
In the largest companies, the procedure for approving contracts becomes overly formalized, with the passage of a large number of approval authorities. The reader has probably encountered numerous stamps and a dozen visas on the last page of contracts. But a large number of signatures does not guarantee the quality of contracts. Often, in joint work with contracts, each executor worries only about his narrow functional interests and does not pay attention to the whole picture. Precisely, representatives of the accounting department, lawyers, the interested department and an official who evaluates the interests of the entire company should participate in this coordination work.
Even the largest Russian companies are not spared from the December contract fever. The situation of an unexploited budget requires immediately signing an agreement and spending the planned money. At such moments, complex approval procedures are replaced by the simplest ones.
Currently, with established contractual relations with counterparties, the important risk of contracts for a company is not the failure of the counterparty to fulfill its obligations, but the prevention of tax claims. There are often situations when, despite all the approvals, contracts are not entirely successful from the point of view of the company’s tax interests. The following approach is correct: the subject of the agreement should be formulated only and exclusively in terms of Chapter 25 of the Tax Code (Articles 252-255).
Let us recall that in accordance with Article 252 of the Tax Code, the taxpayer reduces the income received by the amount of expenses incurred. Expenses are recognized as justified and documented expenses. Justified expenses mean economically justified expenses, the assessment of which is expressed in monetary form. Documented expenses mean expenses supported by documents drawn up in accordance with the legislation of the Russian Federation. Any expenses are recognized as expenses, provided that they are incurred to carry out activities aimed at generating income.
Consequently, Work and Services Acceptance Certificates must be formulated fully and in detail. Preliminary documents justifying costs must be prepared for contracts. These issues are presented in more detail in the “Practical Tax Encyclopedia”, vol. 5, Bryzgalina A.V., Bernika V.R., Golovkina A.N. For example, the authors recommend that when signing contracts for the repair of buildings, prepare defective statements as a description of the shortcomings , the elimination of which requires repair work.
Clients of contract work performed by a legal service should be made aware of certain basic terms that define the scope of work performed by contract review lawyers. In particular, from the point of view of the legal department, the difference in the external request is very significant: to agree on a contract or conduct a legal examination. The latter type of work, unlike the first, is more complex, lengthy and must be accompanied by the issuance of a detailed written report. Agreement is usually confirmed by affixing a visa.
Complex transactions require not only the participation of lawyers in working on individual and separate contracts, but also an understanding of the entire logic of the transaction, including the conclusion of a number of separate contracts.
Quite often, large companies in the relevant document on contractual work have a criterion for the need to include lawyers in contractual work. For example, lawyers do not check or approve contracts whose subject matter is valued at less than 10,000 rubles. This rule is applied based on the assumption that small, standard contracts should not be submitted to lawyers precisely because of the financial inefficiency of their work: the cost of lawyers’ work analyzing such contracts may be comparable to the financial effect of the document.
A fashionable technological tool for contractual work is the provision of a standard agreement on the main activities of the company. Most often, the provision consists of the text of the standard contract itself and instructions for it. Such documents are written by a group of multidisciplinary company specialists and are intended to describe in detail the standard agreement from the point of view of the company’s interests, to prepare a standard that is understandable to everyone and to provide for the possibility of modernizing the standard agreement by specialists from different areas and levels of management. This document provides that certain innovations can be made to the articles of the agreement without the approval of lawyers, financiers and managers, but more significant changes must be agreed upon.
Technologies for obtaining the initial sample. Modern reference legal systems, such as “Consultant” and “Garant”, contain a large number of draft (forms) contracts. In addition, on some Internet portals you can also find forms of carefully prepared contracts. Using forms in electronic form is much more convenient than finding them in numerous books on contract forms. However, such documents can be considered nothing more than semi-finished products, since they usually require significant revision. In addition, when using them, an important question arises - which side they protect to a greater extent: the contractor or the customer. Agreements are often written without maintaining an equal balance of interests of the parties, but with a preponderance in favor of one of the parties to the agreement. Usually it is always possible to distinguish between the stronger and the weaker parties to the contract.
Modern legal technologies consider a sample contract as the basis for constructing a final contract. It is advisable to further improve the agreement by adding standard blocks. Block preamble indicating the name of the company and the name of the director; block with company details; block of confidentiality conditions; block of conditions for exemption from liability (force majeure); a block of conditions on the procedure for resolving disputes (claim procedure, arbitration entry, agreement on contractual jurisdiction, conflict of law clauses); block of special conditions, etc. For most lawyers, such preparatory work on preparing semi-finished blocks of sections of contracts is not completed. In each company, it is advisable to bring it to the state of a library with several dozen current blocks, 3-4 blocks for each of the main sections of contracts often encountered in practice. Such a library, a kind of legal “Lego”, will be a good help in the work of the contract department of the legal department.
After the initial agreement is finalized in blocks, a period of final clarification of the wording of the agreement begins, taking into account the specifics of a particular transaction.
Let's consider the technical details of preparing contracts, since quite often lawyers stumble over problems of the form of contracts.
In large companies, the manager is physically unable to sign all the company’s contracts. In order for contracts to be signed within the framework of the division of powers by the relevant deputy general directors and employees subordinate to them, they must have the right to issue powers of attorney themselves, and for this, such a right must be formally assigned to them in the Charter and in a special order for the company.
Modern financial companies sign hundreds of thousands of contracts a year, which does not allow the use of one seal, since its physical characteristics allow only a few tens of thousands of impressions to be made. Therefore, separate selling divisions of the company use stamps in their work to affix stamps on contracts and accompanying documents. This is in accordance with Russian corporate legislation (Article 2 of the Federal Law of February 8, 1998 N 14-FZ “On Limited Liability Companies”). The use of stamps requires an order from the company for the manufacture, storage and use of the stamp.
Resolution of the Federal Arbitration Court of the Moscow District dated March 20, 2003 N KG-A40/1381-03 determined that “The seal of a legal entity, as a general rule, is not a mandatory requisite of an agreement concluded in simple written form.
According to paragraph 1 of Art. 160 of the Civil Code of the Russian Federation, the law, other legal acts and agreement of the parties may establish additional requirements that the form of the transaction must comply with (execution on a certain form, sealed, etc.), and provide for the consequences of non-compliance with these requirements.”
Big contracts. Most contracts concluded by a large company are standard and are designed for a short period. However, sometimes companies enter into “big” contracts - important ones, for significant amounts and for long periods. Most often these are investment agreements, agreements related to real estate, joint ventures, and franchising. One of the authors of the book cannot forget the situation with his participation, when an international franchising agreement for a period of more than 15 years, with a volume of more than 100 pages, was concluded over 8 months, during its preparation 18 versions were made, the total cost of the services of external lawyers hired by a Russian company amounted to $350,000. At the end of the preparatory period, the head of the Russian company could only speak about this agreement in politically incorrect terms. But finally the agreement was concluded. Do you think this is the end of the legal problems? Of course not. After only 2 months, fulfilling the numerous conditions of this agreement (primarily approvals and reporting) became difficult, primarily because the terms of the agreement were not translated into specific instructions for company officials. The head of the company knew about the details of the contract, but the department heads did not. In addition, the text of the agreement was defined as strictly confidential - it was forbidden to give copies of the agreement to anyone for execution. However, a competent consultant will find the right solution even in a difficult situation. A detailed order was prepared for the company, which for a number of managers provided for specific responsibilities and specified deadlines for fulfilling the terms of the contract. The problem was solved.
Agreements between beneficiaries. Recently, it is in the sphere of large Russian businesses that so-called agreements between beneficiaries have become widespread. These agreements are usually concluded when working on new business projects between the main investor partners and fix their basic rights and obligations, including such specific ones as the use of personal connections and administrative capabilities. Corporate legislation has recently established the possibility of concluding such agreements, although literally such norms speak only of securing the rights of owners. Although rights without responsibilities can rarely be realized in the real world. And the mechanism of such agreements appeared due to the fact that the usual charters of business companies in Russia did not provide for very important things for owners, such as a way to respond to urgent problems, assigning responsibilities to the owners and determining a formula for exiting the business. Nowadays, such agreements describe investment goals, investment volumes, distribution of areas of work between owners, control over the business, stages of development, overcoming conflicts between owners, and divorce procedures.
Such agreements are not written in one day and require special clarity, as they provide, among other things, for the possibility of partners leaving the business under certain conditions. Most often, they do not provide for the likelihood of consideration and protection of the parties to the agreement in a state court, although they are fully subject to consideration by a mediator under the condition of complete confidentiality.
Negotiating complex agreements is a lengthy process; such agreements are negotiated over several rounds of negotiations. In order for this significant investment of working time to produce a positive result, at each stage of negotiations it is necessary to record the agreements reached and the remaining disagreements. The most controversial positions should be discussed at the final meeting of company leaders.
In negotiations, it is important to adhere to the position of discussing the essential terms of the contract and not get stuck on trifles. However, novice lawyers often demonstrate their professionalism by the number of comments, including not particularly important ones.
Leading law firms offer a new service in the field of contract conclusion. They undertake the preparation and conclusion of partnership agreements when this work is ordered by two parties to the contract to one contractor. A partnership agreement is concluded if the financial and reputational risks of the parties largely coincide, that is, it is necessary to truly cooperate. This applies, first of all, to joint investments.
Work on such contracts as usual involves the participation of a minimum of two teams of lawyers, from both parties to the contract, and a maximum of four, taking into account additional external lawyers. During long negotiations, a lot of time is spent discussing minor details. This is interesting work for outside lawyers working on an hourly basis, but an inefficient and costly route for contracting parties. If this work, according to the technical specifications of the parties to the contract, is carried out by one team of lawyers, this will sharply reduce the monetary and time costs of each of the parties, and the time costs many times over. In addition, the parties to the contract will be largely freed from the nervousness of the negotiation process and will be able to jointly criticize certain shortcomings of one contractor.
Potential customers, having heard about such a service, usually express concerns about the neutrality of the contractor’s law firm, suggesting that the contractor may be inclined to better protect the interests of one of the parties. However, these fears are unfounded. Preparing an important agreement and agreeing on it with the parties is a long and complex process. And you can check the quality of such a contract in a very short time. An hour of time is enough for a good lawyer to do this. Decent lawyers will never set themselves up like that.
One of the significant and subtle problems in the relationship between lawyers and company managers is the problem of monitoring the content of contracts at the stage of their preparation. This problem lies in the fact that lawyers are often accused by other company managers of unnecessary and economically unjustified rigidity in defending the company’s interests in contractual work. For managers, the troubles arising from this position of lawyers lie in 2 positions:
the signing of contracts itself is significantly delayed;
the counterparty to the transaction may refuse it if he considers that he is being offered too rigid a contract structure.
In such cases, the truth is often on the side of more experienced employees. For example, experienced sales management employees, exhausted by interactions with young lawyers, can rightly point out the following: you strictly structure the contract, and in such transactions, throughout the entire existence of the firm, we have never had problems with contractors. That is, such work on the agreement is meaningless.
But sometimes it’s the other way around: novice sellers push an agreement through the counterparty’s editorial office, and experienced lawyers tell them: over the past year we’ve already had several conflicts with bad consequences for us due to several undeveloped wordings of the agreements.
Lawyers further justify their approach as follows. Shareholders generally assume that lawyers are responsible for all contracts. One of the basic functions of lawyers is protecting assets, and working on contracts can save you from many troubles. Warm relations between a company and its counterparties can suddenly change, and this often happened during a crisis. Lawyers will deal with contractual claims and go to court.
The authors have found themselves in situations of similar claims many times. But one day this situation led to unexpected consequences. The criticism of managers was especially strong; it seemed that they were the ones who were right, while lawyers defended their professional position more out of habit. But when all the details were clarified, it turned out that 90% of the company's contracts were high-risk, with a constantly large number of legal conflicts every year. At the same time, the final structure of the transaction was drawn up by lawyers, and managers themselves usually did not read the entire contracts. But they sincerely believed that the lawyers were wrong...
What should you do in such situations? First. A tough position must be taken for important, complex and large contracts. For small standard contracts, rigidity is not needed. Second. The position of managers must be heard, and if they are sure (subject to their experience and adequacy) that rigidity in the contract is not needed, then it is not needed. In this case, the position of the lawyers should be documented in writing and stored for subsequent analysis, but not interfere with the conclusion of the contract. And the manager, accordingly, must be ready to take responsibility for accepting his proposal to soften the contractual terms.
A common problem in fulfilling obligations (contracts) is the difficulty of simultaneously achieving financial indicators, quality and deadlines. Typically, the executor of the contract does not fully meet at least one of the specified indicators.
Sometimes company managers and the lawyers advising them, having become accustomed to the specifics of their main contracts, cannot quickly switch to other contracts. We believe that it is necessary to know the general relationship between the complexity of contracts and the type of transaction: work contracts are usually more complex than purchase contracts, and service contracts are often more complex than works contracts. Services are more complex activities because their quality is more difficult to standardize and results are more difficult to verify.
In day-to-day work and routine contracts as part of their core business, corporate lawyers are generally highly qualified. Difficulties may arise when preparing or agreeing on non-standard contracts, in which it is important to highlight the essential conditions that affect the outcome of the transaction. When working on non-core documents, corporate lawyers must be aware of the inherent risks of such specialized contracts. For example, in construction contracts, the main problems are related to timing, quality of work and guarantees in case of delay in obligations. In addition, construction companies sometimes try to delegate to the customer specific work related to obtaining permits and approvals, setting the terms of the contract depending on the fulfillment of such conditions.
In insurance contracts, the insurer often tries to reduce the number of risks accepted for insurance (sometimes this leads to deleting very probable causes of damage from the list of insured risks). The insurer is trying to find reasons not to pay for actions provided for in the contract by the policyholder that were not performed in a timely manner or for documents specified in the contract that were not submitted. Large texts of contracts and regulations are often printed in small font. And the most unpleasant thing for the client is included in the final paragraphs of the document, with the hope that his attention will decrease. In addition, when preparing insurance transactions, it is necessary to remember that the insurer-policyholder relationship is determined not only by the contract, but also by the insurance rules. In this case, the text of the agreement has higher force.
As previously emphasized, in complex transactions, a lawyer must know not only the formal aspects provided for by law for this type of agreement, but also the economic and technological features of these transactions. Only in this case, the solutions proposed by the lawyer will help establish the effective rights and obligations of the parties to the transaction.
Sometimes the flow of contracts in a company overwhelms lawyers. How to rank contracts, which of them are more important and are subject to first consideration? A simple classification can be used. Let us highlight the following criteria: transaction amount, size of potential problems, attention of senior management to this agreement. The minimum score for each criterion is 1, the maximum is 3 points. Any contract can be assessed on a scale from 3 to 9 points. 9-point contracts need to be done very urgently. 3-pointers can wait.
Typically, in large companies, new contracts are concluded at the end of the year. But sometimes all contracts need to be changed due to legislative innovations. The change is urgent, and technical issues of drawing up contracts become a big problem.
Thus, according to the Kommersant newspaper, by August 1, 2010, all food retailers had to rewrite contracts with suppliers in accordance with the adopted changes to the law “On Trade”. Now only remuneration for volume is allowed - no more than 10% of the cost of the delivered goods, and previously the contracts included all kinds of marketing, logistics and bonus payments, discounts for the first delivery, promotional discounts, etc. The author of the note is a procurement specialist at X5 Retail Group Kristina Busko, a former journalist, writes that this spring, when she was a special correspondent for Kommersant, she wrote about the new law and considered it disingenuous that the networks complained that the period was too short to redo contracts - only six months! Now working on the other side of the barricades - in the commercial department of X5 Retail Group, she can say: six months is not a long time at all
“In mid-July, at the daily morning “line-up” of the X5 procurement department, we were told that no more than half (!) of the contracts had been renegotiated, and we needed to “stress ourselves” by the end of the month. Previously, I would have thought that the delay was due to the invention of all sorts of cunning calculation schemes and the suppliers’ disagreement with them. But everything turned out to be simpler. There are no sophisticated schemes: in most of the new X5 contracts that I happened to hold in my hands, there is only one bonus for the retailer - allowed by law, in some agreements there is not even that, but all the bonuses that our networks received before are now taken into account in the purchase price. They just became lower and that's it. In reducing them, the chains even took into account the reduction of the deferment in payment for goods to the supplier (the law establishes payment terms of 10 calendar days for perishable goods, 30 days for products with a shelf life of 30 days, for the rest - up to 45 days), based on the calculation of the average market rate on bank loans for medium and small businesses. That is, if we assume that this rate is 15% per annum, and the supplier’s deferment has now been reduced from 30 to 14 days, then the counterparty will additionally reduce the price by approximately 0.7%. Now, nowhere in the contract will you find an explanation as to why the price has been reduced. It is simply reduced, and only the buyer and supplier know the reasons.
So what’s stopping us from meeting August 1st? I can tell you about myself: I cannot sign some contracts with suppliers even for several weeks. We send them the text of the agreed contract in a PDF file, locked for changes, so that they print it, sign it and send it to us by mail. But someone is trying to unlock the file and “imperceptibly” make their edits - this is easily detected in the lines that have been written, but time is wasted. The rest, as usual, send an incomplete package of documents, put a historical date on the contract, write corrections in the printed text with a pen, and even cover up points that are inconvenient for them with putty. However, X5 management promised that it would temporarily reduce the level of requirements of the company’s lawyers and financiers for the execution of contracts. Otherwise, in the last month of summer, our shelves will remain half empty or we will have to break the law.”
Relations with foreign citizens.
Please read the following statement by the most famous foreign political figure of the mid-twentieth century: “The people of any country have the right and should be able, through constitutional action, through free, non-rigged elections by secret ballot, to choose or change the nature or form of government under which they live;<…>Freedom of speech and press must prevail;<…>the courts, independent of the executive and not subject to the influence of any party, must enforce laws which have received the approval of a large majority of the population, or have been sanctified by time or custom. These are fundamental freedom rights that every home should know.”
A beautiful phrase. Foreigners often believe this. We asked our Western colleagues, and they answered that they sincerely believe. And Russians treat such statements with skepticism. This phrase by W. Churchill is from the famous Fulton speech, which is considered to have started the Cold War.
Therefore, relations between Russian and foreign businesses are not always simple. We will give here an example from the relations between Moscow and Western European companies. They signed a fairly extensive partnership agreement. In the context of some liquidity difficulties in 2007, the Russian company briefly delayed the fulfillment of its financial obligations several times. At the same time, it was clear to both the Russian company and its foreign partner that these difficulties were temporary, the agreement itself was very important for the parties, and the relationship would continue. The foreign partner demanded from the Moscow company a large number of financial documents, including payment orders, etc. The Russians became wary and asked: why do you need all this? The answer was this: we will sue you; according to the contract, you owe us a fine for each delay. When the Russian side asked: what about our agreement, they received an answer - the agreement is in force, fines need to be paid, and after the fines you will perform your duties better. The Russian leader’s reaction was as follows: “….! Because of such little things they get fined, and after the fines they still want to cooperate!”
Relations with partners and competitors
For a large company, not only sales and purchasing are significant. The company’s relationships with other market entities - partners and competitors - are also important.
After the 1998 crisis, the Russian business community showed great interest in the creation of industry and professional associations. There are currently a large number of business associations operating in Russia: the system of chambers of commerce and industry, the Russian Union of Industrialists and Entrepreneurs, the Coordinating Council of Employers' Associations, OPORA, and a number of industry unions and associations. All these associations set the task of further development of legislation to establish effective rules for doing business. Typically, each such association has a legislative committee. The Resolution of the XIV Congress of the Russian Union of Industrialists and Entrepreneurs (Employers) states: “The Congress notes that the existing mechanisms of interaction between business and government in the preparation of bills and regulations of the executive branch do not always make it possible to effectively reflect the position of entrepreneurship in the decisions of government bodies. The relatively low effectiveness of the dialogue is primarily due to the lack of consistency in the approaches of both sides.”
Let us remind you that some proposals to change industry legislation, in addition to the general modernization of business rules for industry companies, are not completely disinterested. For example, there were reports in the Russian press that the Association of Russian Banks (ARB) was promoting proposals to make it more difficult for clients to withdraw deposits on time.
Building effective partnerships requires accepting and following certain rules. L. Fedun, vice-president of NK LUKOIL, in his interview with Vedomosti describes the building of partnerships between large companies as follows:
“— Is the protection of the interests of each party somehow spelled out in the agreement between LUKOIL and ConocoPhillips?
- Yes, of course, but everything is standard there. Basically the topic comes down to three things. The first is the protection of their investments: we do not have the right to withdraw large assets from the company without the consent of the board of directors and the meeting of shareholders. The second part of the agreement concerns the management bodies of joint ventures: the mechanism of rotation of the general director, the distribution of all main positions in a 50 to 50 ratio. The third part regulates the management of shares. LUKOIL managers should not sell their shares anywhere so as not to lose control over the company. And ConocoPhillips shouldn't sell its shares either. Protection against hostile takeover is provided. In particular, ConocoPhillips should not acquire more than 20% of LUKOIL shares and does not have the right to consolidate with other shareholders in order to change the management system.”
At the same time, large companies within their market do not have partnership and friendly relations with all its participants. The statement about the fierce competition of large companies has long been a commonplace. Companies often enter into temporary alliances and groupings to achieve their goals.
For example, a few years ago, Norilsk Nickel had a chance to disrupt an unfavorable deal for it to combine the assets of South African Gold Fields (the fifth gold mining company in the world) and Canadian Iamgold. It was given by another company from South Africa - Harmony Gold, which announced plans to take over its competitor. Norilsk Nickel, which recently bought a 20% stake in Gold Fields, has already supported Harmony.
Protection against corporate blackmail and takeovers (GREENMAIL)
The largest Russian holdings quite often act as invaders of smaller companies of interest to them. Several years ago, the Russian media mentioned that the investment company Alfa-Eco had become a shareholder of SUN Interbrew, the second largest beer producer in Russia (its market share is 14.5%) and the largest in Ukraine (34% of the market). Alpha began a massive purchase of SUN Interbrew shares.
The parties' positions regarding the transaction differed significantly. The Chairman of the Board of Directors of SUN Interbrew wrote a short letter to Alfa Group notifying that the company did not want to develop a strategic partnership with Alfa.
In turn, Alfa-Eco President Alexander Savin confirmed to media representatives the fact of receiving a letter from the brewing company, but stated that Alfa-Eco does not intend to remain the holder of a small stake. The company is considering options to become an equal partner in management or to gain control of SUN Interbrew.
In March 2004, Norilsk Nickel acquired a 20% stake in South African Gold Fields for $1.16 billion and became its largest shareholder. But even a 20% stake in the capital did not give Norilsk Nickel the right to participate in the management of the South African company, and soon after the deal the companies began negotiations on how to get out of this situation. A source at Norilsk Nickel told Vedomosti that the company would like to merge its gold mining subsidiary Polyus with the foreign assets of Gold Fields.
However, Gold Fields preferred Canadian Iamgold to Norilsk Nickel: on December 7, 2004, Gold Fields shareholders had to approve the transfer of the company's assets outside South Africa to a joint venture with Iamgold, in which Gold Fields' share would be 70%.
Norilsk Nickel was unable to block this deal - a 25% stake was needed for this. However, the Russian company still has a chance to disrupt the unwanted deal.
It was donated by another South African company, Harmony Gold, which announced its intention to take over Gold Fields. As Harmony Marketing Director Ferdi Dippenaar explained to Vedomosti, his company wants to gain 100% control over Gold Fields. “The transaction amount will be approximately $8.1 billion. Harmony will offer Gold Fields shareholders its own newly issued shares at a ratio of 1.275 to 1,” he noted.
In October 2004, Harmony already announced an offer to buy out 34.9% of Gold Fields shares, and after the deal is approved by the Competition Commission, it will extend its offer to the remaining shares. Norilsk Nickel, of course, supported Harmony. “Having analyzed the deal between Gold Fields and Iamgold (...) and the proposal of the company Harmony, the management of Norilsk Nickel decided to vote (...) against the deal with Iamgold and in favor of the proposal of Harmony” - such a comment by the general director of Norilsk Nickel Mikhail Prokhorov was distributed by the company’s press service
In the spring of 2005, information appeared in the media that Gold Fields promised to allocate 2 seats on the board of directors to Norilsk Nickel representatives.
In his article “Analysis of the main motives for mergers and acquisitions,” S. V. Savchuk talks about a whole system of anti-takeover measures that managers use to resist unwanted transactions. Tables 2 and 3 present an attempt to summarize the most interesting of them and the most applicable in practice.
Table 2. Basic methods of protecting a company from a takeover before the public announcement of this transaction
| Type of protection | |
| Amendments to the corporation's charter (“anti-shark” amendments to the charter) | Rotation of the board of directors: the board is divided into several parts. Only one part of the council is elected each year. A larger number of votes is required to elect a particular director. Supermajority: approval of a merger transaction by a supermajority of shareholders. Instead of the usual majority, a higher share of the vote is required - at least 2/3, and usually 80%. Fair Price: Limits mergers to shareholders owning more than a certain percentage of shares outstanding unless a fair price (determined by a formula or appropriate valuation procedure) is paid. |
| Changing the place of registration of a corporation | Taking into account the difference in the legislation of individual regions, the place for registration is selected in which it is easier to carry out anti-takeover amendments to the charter and facilitate legal protection |
| Type of protection | Brief description of the type of protection |
| Pacman Defense | Counterattack against the invader's actions |
| Litigation | Legal proceedings are initiated against the invader for violating antitrust or securities laws. |
| Merger with the "white knight" | As a last-ditch attempt to protect yourself from a takeover, you can use the option of merging with a “friendly company”, which is usually called a “white knight” |
| "Green Armor" | Some companies make a buyback offer at a premium to a group of investors who are threatening to take them over, i.e. an offer for a company to buy back its shares at a price higher than the market price, and usually higher than the price the group paid for the shares |
The Russian practice of repelling takeovers often comes down to the urgent formation of a debt program. This is done in order to maximize the costs of the invaders, and if they fail to win, then force the invader to pay. Until now, the easiest way to legally record a debt is to issue promissory notes.
Legal methods are also used to combat takeovers. Vedomosti described the following case: “Two years ago, one of the world’s largest producers of potash fertilizers, Uralkali, controlled by Dmitry Rybolovlev, was seriously thinking about reorganizing from an open joint stock company into a limited liability company to protect itself from corporate raiders. Today the company has gotten rid of the psychology of a “besieged fortress”: in order to compete for 1st place in the world, in the next 10 years, Uralkali is ready to invest $2.5 billion in modernization of production and infrastructure. And for this, the company needs to become more open to reputable Western investors, says Uralkali President Vladislav Baumgertner.”
Resistance to corporate invaders increases significantly when a business moves from the legal form of a joint stock company to a limited liability company and becomes very significant when assets are transferred to non-profit enterprises.
The most protected organizational and legal form from corporate takeovers for significant assets, in our opinion, will be a non-profit organization such as a non-profit partnership or foundation. Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” directly states that a foundation has the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the foundation was created.
In addition, due to the very laconic regulatory description of non-profit organizations both in the Civil Code and in the text of the mentioned Federal Law, the charters of such non-profit organizations and the procedures for managing them may differ significantly from those characteristic of LLCs and OJSCs. For example, the authors had to deal with cases of non-profit partnerships, in the officially registered charter of which there was the following rule on management: the founders of a non-profit partnership (even after accepting a large number of new members) always have at least 76% of the votes at member meetings.
A foundation, as an organizational and legal form of a non-profit organization, is also used in legal schemes for the withdrawal of assets from problem companies. Due to the specific status of the foundation as a non-profit organization, the founders of the foundation do not have any rights to the property transferred to the foundation.
Large companies prefer to have specially prepared plans in case of major problems. An action plan to repel corporate takeover should be one of the first to be drawn up. In addition to the above procedures, Russian companies often use mechanisms to remove assets from the company and burden the company with large debts. Typically, the defending side resorts to making such relationships public, while the attacking side prefers to act without publicity. An important circumstance during a takeover is also the choice of the optimal moment to begin action: either at the moment of aggravation of other problems of the captured company, or at the time of the absence of the owner and key top managers.
Internet publications pay a lot of attention to Russian corporate wars; in addition, in recent years this topic has been developed in books.
A. Zemtsov, in the article “Help Yourself,” provides the following statistics on corporate conflicts in the Russian Federation: “Over the past month (from April 20 to May 20, 2005) six new public corporate conflicts were registered in Russia (only public conflicts in which the value of the enterprises involved exceeds $5 million and in which the right to operational management of the company/property complex is disputed). The total value of enterprises and/or property involved in the conflicts that began during this period exceeded $918 million. Mergers and Acquisitions magazine continues to monitor the development of the situation in a total of 44 public conflicts that have become known since July 2004 and which are still not completed. The total value of the assets involved is $2,605 million. Within a month, the end of one corporate conflict was publicly announced for a total amount approximately equal to (estimated) $5 million.”
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Literature:
- Lebedev K. K. Legal services for business (corporate lawyer). M., Lawyer, 2001
- Shitkina I. S. Legal regulation of the activities of commercial organizations by internal documents. GARANT system, 2002
- Larina N. How to avoid mistakes when drawing up a contract // Law and Economics. 2003, N 11
- Bryzgalin A.V., Bernik V.R., Golovkin A.N. Practical tax encyclopedia, SPS "Garant"
- http://j-service.ru/
- Newspaper "Kommersant" No. 131 (4431) dated July 22, 2010
- http://www.rspp.ru/
- Tutushkin A. The states of managers are a virtual thing // Vedomosti, 10.25.2004, No. 195 (1235)
- Savchuk S.V. Analysis of the main motives for mergers and acquisitions // Management in Russia and abroad. 2002. No. 5.
- Deryagina O. “Uralkali” can invest $2.5 billion // Vedomosti 02.21.2005, No. 30 (1312)
- Osinovsky A. Shareholder versus joint-stock company. St. Petersburg, DNA publishing house, 2003.
- A. Zemtsov “Help yourself” Magazine “Mergers and Acquisitions” No. 28 June 2005
© A. V. Otroshko, 2016
Created in the intellectual publishing system Ridero
Lilies can differ significantly from each other in their requirements for environmental conditions. Therefore, it is often necessary to know the features of caring for them. Many types of lilies and especially beautiful hybrids require careful, constant, and in some cases individual care. Depending on the purpose of flowering plants, caring for them may include different growing techniques. The effectiveness of care techniques largely depends on the timeliness and thoroughness of their application.
1. Features of soil preparation for lilies
The key to successfully creating a pleasing display of lilies in the garden is soil fertility and proper tillage. Some lily growers believe that soil preparation ensures 80% of this success.
1.1. Soil composition
Lily species are found in nature under a wide variety of living conditions. Hybrid lilies obtained from these species require conditions close to those in which their ancestors were accustomed to living. Therefore, when growing hybrids on your site, you need to know the properties of the soils on which the original species grew. Knowing these conditions greatly assists the grower in determining what his or her pet needs to thrive.
In rich and fertile soil, some varieties develop and multiply so quickly that the grower has to divide the clump of bulbs too often and transplant the plants to a new location. Of course, on fertile soil there is a greater chance of getting a good result, however, here too the specific characteristics of lilies must be taken into account. Many lilies require fertile soil, but there are exceptions. For example, the Philadelphia lily and its hybrids prefer dry and often very poor forest-type soils, slightly acidic.
Soil types vary from region to region and even within the same area. In this regard, there are no strictly established rules suitable for all plants, and each lily grower must take into account the conditions of a given garden. There are a number of features inherent to the soil type that should be taken into account to achieve good results.
L. fraternal
Clay soils. Lilies are difficult to grow in soils with too much clay. At the same time, clay is present in any soil mixture and even at low levels can greatly influence the results of work. Soil containing more than 15% clay is difficult to cultivate and is greasy and slippery to the touch. Clay compacts the soil structure and impairs its porosity, which is necessary for the passage of water and air. When clay absorbs water, it retains it through various types of bonds, including adsorption and chemisorption. Even in drought, when it is difficult for the plant to find moisture in sandy soil, there is moisture available to the plant in clay soil.
Moist clay soil in the spring is a dense and viscous medium through which it is difficult for young lily shoots to push through. The sprouts are forced to deviate from the vertical direction, trying to go around the obstacle in search of an exit to the surface. But even having reached the surface of such soil, lilies are delayed in growth, since clay soils are cold in the spring, they do not warm up as quickly under the spring sun as happens with light sandy soils.
The composition and properties of clay soils in the garden can be changed by paying special attention to the soil layer located below 20-30 cm. We will conventionally call this lower layer subsoil; it is reached after excavating the soil to the depth of one shovel bayonet. The thickness of the subsoil layer is the same 20-30 cm, or the second bayonet of a shovel.
Deep subsoil treatment
For gardeners in the non-Black Earth region and many regions of Siberia, the subsoil should be of particular interest. This is exactly the environment in which the feeding subbulb roots work. The completeness and speed of development of lilies largely depends on its composition.
The subsoil is very different in composition from the upper arable layer and therefore deserves separate consideration. The flora and fauna have little impact on the subsoil, it contains little humus, and its structure leaves much to be desired.
Therefore, it is important to cultivate the subsoil layer by deep cultivation, as well as apply a sufficient amount of fertilizer. Deep cultivation is carried out so that the basal bulbous roots can develop to their full potential. The addition of organic matter creates a suitable moisture reserve at this depth. The acidity value of this improved bottom layer should match that of the top layer.
One method for modifying clay soil is as follows. At the beginning of autumn, a large amount of lime is added to a depth of 30 centimeters or more and thoroughly mixed with the subsoil until evenly distributed. At the end of autumn, with the first frosts, the subsoil should be mixed again to aerate and completely mix it with lime.
After the applied lime interacts with the clay, the subsoil is structured and calcium solid aggregates are formed. It is important that these formations remain stable in the presence of water. The formed macrostructure allows water to pass through better and creates drainage under the top layer of soil.
Next spring, it is necessary to dig up this soil with a large amount of partially rotted organic materials: compost, leaves, humus, etc. The addition of organic matter improves the microstructure of the soil, promotes moisture retention, and the addition of nutrients helps lilies to develop quickly. If the soil is kept moist throughout the summer, it will be ready for planting lily bulbs next fall.
Loams In terms of physical properties, they occupy an intermediate position between heavy clay soils and light sandy soils. Most of the soils in the non-chernozem zone of Russia are loams of one type or another. There are many types of loams, which are divided into heavy, medium and light. They usually contain no more than 15% clay and no more than 20% sand. Loams are considered the most fertile among our soils. The medium type of loam is especially suitable for Asiatic and Trumpet lilies. Heavy loams can be improved in the same way as for clay soils.
Sandy soils easy to process. In humid weather, water never stagnates in them, which could lead to plant disease. In the spring, such soil warms up early, it can easily be modified with the help of organic materials, and due to the low buffering capacity in such soil, it is not difficult to change the reaction of the environment.
L. "Lilith"
It is easy to dig up to a considerable depth and thereby promote the regrowth of a developed root system. Fusarium on this soil is less common than on heavy soil; the size and quality of the resulting planting material is always satisfactory.
Sandy soils easily allow water and air to pass through. However, they often cause plants to suffer from lack of moisture even during short-term droughts. Water passing through sandy soil carries with it many soluble nutrients. In this regard, in the spring it is necessary to give fertilizers frequently, but in smaller doses, so that the nutrients always remain ready for absorption, and losses from leaching are insignificant.
N and at first glance everything looks great at Audi. New car sales are growing, up 12.7 percent in 2012. The company produces a range of models in almost all niches of various classes of cars, which allows Audi to have a great competitive advantage over most automakers.
Alas... By creating a line of different models, the company, having made very high-quality and stylish cars, practically ended up with a family of cars identical in appearance, very similar to each other. Especially when looking at the car from the side.
This is even admitted Wolfgang Durheimer, who recently became a member of the board of directors of Audi (responsible for development and research), previously serving as head of Bentley. According to him, every day Audi receives various comments and reviews about its cars around the world. Most Audi cars are praised for many qualities, including their eye-catching appearance. But there are a huge number of consumer opinions saying that the main disadvantage of the entire line of Audi models is their almost identical appearance. Because of this, in his opinion, in some automobile markets in the world, Audi does not achieve maximum sales.
Wolfgang said he and other board members will work with designers to significantly change the appearance of the cars to achieve more visible design differences between different model groups of cars, so that the differences between different models become more noticeable.
He also stated that in the future the A8 model will be very different from the A4 and A6.
With Wolfgang's arrival at Audi, car design becomes more stylish and original. This was the case in Porsche, when under his leadership the company releasedCayenne, which has become a very popular car in the world. We most likely won't see changes in Audi for the next few years. But Audi has already started creating a new design for each model.
"Empire of Light"
Rene Magritte, 1954, The Magritte Museum
It would seem that what is so magical about the Moscow Ring Road that life on one side of the road is considered different from that adjacent to the opposite side? Several decades ago, such differences had, if not objective, then explainable reasons: inside - Moscow registration, better food supply, diversity in cultural and sports institutions, etc. Then the border blurred - first, individual districts were “attached” to the capital, and then a huge territory, 2.4 times larger than the previous, old Moscow. Many castle towns began to develop more rapidly than the neighborhoods inside the traffic circle. It would seem that the differences have been erased. But, as experts say, this is not entirely true.
Unyielding price
The first marker of the existence of differences is the price per square meter of real estate. Almost always, this indicator inside the Moscow Ring Road is higher than outside it, and it does not matter whether the housing is Moscow or regional. Deputy General Director for Analytics and Consulting at NDV-Real Estate, Elizaveta Gudz, confirms this trend: “According to our company, the average price of 1 m2 in the Mitino area is 147 thousand rubles, and in the adjacent areas adjacent to the Moscow Ring Road ( in Northern and Southern Tushino) - 229 thousand rubles. In the Severny microdistrict - 105 thousand rubles, and in the North-East Administrative District and Northern Administrative District, located on the internal border with the Moscow Ring Road (Khovrino, Western Degunino, Bibirevo) - 145 thousand rubles. In Southern and Northern Butovo - 101.6 thousand rubles, and in the regions of the Southern Administrative District and South-Western Administrative District inside the ring road - 137 thousand rubles. In Nekrasovka, the average price is 109.8 thousand rubles, in neighboring areas of the South-Eastern Administrative District on the border with the Moscow Ring Road - 135 thousand rubles.”
Ekaterina Artyomova, director of the consulting and analytics department at Azbuka Zhilya, describes approximately the same picture. According to the company, the weighted average price level, for example, in the Vostochnoye Biryulyovo district in February was 132.6 thousand rubles/m 2. At the same time, in the neighboring area beyond the Moscow Ring Road (Vidnoye) - 91.5 thousand rubles / m 2: the difference is very significant - 41.1 thousand rubles.
True, ABC of Housing analysts make several reservations. “It is necessary to understand that in the current conditions, potential audiences are primarily interested in projects in the final stages of construction. Therefore, it is necessary to talk about the difference in the cost per square meter with caution,” explains Ekaterina Artyomova. — For example, in the location we are considering in the area inside the Moscow Ring Road, there is only one comfort-class residential complex for sale that has already been put into operation (Zavidnoye residential complex), but in Vidnoye the offers are much more diverse - there are 44 buildings there that are currently under active construction. to the commissioned buildings. If we narrow the sample to projects that have been commissioned, the difference between them will be reduced to 37.5 thousand rubles. per m 2, and if you select only comfort-class multi-storey construction projects, the difference will be 35.9 thousand rubles. Also, it is necessary to take into account the actual presence of preferences according to Moscow registration, be it lower coefficients for paying for utilities or the level of pension payments. All other things being equal, in our opinion, there are always buyers who will choose a location, focusing not only on the purchase budget, but also on the convenience of the residential complex, and the concept of comfort is individual for each person.”
If the minuses are equal
South Tushino
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South Tushino
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Northern Tushino
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Northern Tushino
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However, there is another point of view, also supported by numbers. The price per square meter of housing inside the Moscow Ring Road is not always higher than outside it, explains Inna Ignatkina, director of the branch of the MIC-Real Estate company on Presnya. As an example, the expert cites the districts of the North-Western Administrative District: in the ranking of districts by average price, Northern and Southern Tushino are inferior in price to the Kurkino district located outside the Moscow Ring Road. This is due, first of all, to the quality of the housing stock, which in Kurkino is more modern, because the area was rebuilt in 1999 - 2006 and is considered experimental, the specialist notes. At the same time, five-story brick and old panel housing stock predominates in Tushino. So it turns out that in general housing in Kurkino is 10% more expensive, despite the fact that there is no metro in the area. Another example is Novokosino, where the average price of 1 m2 is 7% higher than in Veshnyaki.
If we take the northern sector, there is no particular gap. On average, an area like Dmitrovsky and the village of Severny cost about the same. The Dmitrovsky district does not yet have metro stations on its territory, although it contains industrial zones and a large thermal power plant.
“From all of the above, it is clear that everything depends on a combination of factors: the quality of the housing stock - old and under construction, the presence or absence of negative environmental objects, as well as the transport situation,” concludes Inna Ignatkina.
Better further, but better
At the same time, geographically comparable areas are already being formed, where the advantage goes to those located outside the ring road. According to the managing partner of the Metrium Group company, Maria Litinetskaya, we are talking about the Vykhino-Zhulebino area. The Moscow part is distinguished by a small number of kindergartens and schools, and the old houses are so dense that the areas adjacent to them can hardly be called full-fledged courtyards. At the same time, the castle half of Vykhino-Zhulebino has cardinal differences: new projects are carefully thought out, and residents can walk right up to the Zhulebinsky forest park. In addition, just outside the Moscow Ring Road there are two metro stations: “Lermontovsky Prospekt” and “Zhulebino”. Thus, areas that began to actively develop later today turn out to be more modern and comfortable for living,” the expert notes.
Northern Medvedkovo
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Northern Medvedkovo
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Bibirevo
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“The concept of “zamkadye” has ceased to be synonymous with settlements in the last 5-6 years,” notes Dmitry Kotrovsky, partner of the development company Khimki Group. — Often, living in progressive, well-thought-out, well-planned, architecturally beautiful smart districts outside the Moscow Ring Road is more convenient and more prestigious than living in Moscow bedrooms. Residential complexes and entire neighborhoods have appeared in the near Moscow region, which have become flagships for the development of fundamentally new housing formats, for example, microdistricts built on a cluster principle, including the “Olympic Village Novogorsk” (includes 4 business-class residential complexes, 5 registered schools and a kindergarten ). There is not and cannot be anything like this in Moscow - different land costs, network restrictions, building density, different urban planning requirements, different ecology. Some areas of the metropolis are simply clamped in the vise of neighboring ones; from the windows of a prestigious residential complex the pipes of a thermal power plant or factory may well be visible... And if something even remotely similar appears, then this is a completely different price per square meter, which even at the start is higher than Podmoskovnaya "
Marketing and Sales Director of YIT CityStroy Alexey Kharitonov cites Northern and Southern Butovo as another positive example. “It is obvious that in comparison with the nearby Biryulyovo district, the district is quite clearly winning. Again, transport accessibility and a more equal social stratum played a role here - Butovo historically developed as a “new” area, on which the population was relied upon, which is why it essentially got almost its own metro line. Well, a very good example is Mitino, which actively “spread out” beyond the Moscow Ring Road in the early 90s and is now a quite prestigious area with its own metro stations,” he recalls.
Registration holds
Ideally, it is the concept of individual comfort that should determine the buyer’s choice. In any case, the usual set of factors is at work: price, quality of the project, transport accessibility, infrastructure, places of employment, ecology, general comfort of living. But prestige is perhaps the most painful factor so far, says Maxim Morozov, managing partner of the development company M9 Development. Both before and now, prestige is determined by distance from the city center. “The cost per square meter will always be higher, the closer to the center, the less time you need to spend to be in the center of events,” he says.
Of course, the expert continues, modern technology development has somewhat blurred this concept, but not completely. “As long as individual transport remains ground-based, the center and the periphery will always be strikingly different from each other. Due to many factors, inter-city projects, regardless of whether they have Moscow registration or not, are even more popular than intra-Moscow Ring projects, especially with the arrival of the metro there and the appearance of jobs,” Maxim Morozov is sure.
"Salaryevo"
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"Salaryevo"
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"Salaryevo"
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"Rumyantsevo"
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"Rumyantsevo"
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When talking about prestige, Svetlana Grigorieva, marketing director of the NEOPOLIS Business District, also emphasizes workplaces and the metro: “There are microdistricts in Moscow that do not have a metro, such as Western and Eastern Biryulyovo. And there is “Zamkadye”, where even before the mass commissioning of housing, metro stations have already been opened - for example, “Salaryevo” and “Rumyantsevo”. In the capital, including in areas of old buildings, there are many examples of residential areas where there are absolutely no points of employment for labor (let’s take Tsaritsyno, from where in Soviet times residents went to work at ZIL, a glass factory, an elevator in Biryulyovo, etc.) . Currently, there are no production facilities there either, and the flow of working people is directed to the city center or to neighboring areas, or even to the Moscow region.” In this sense, New Moscow found itself in a better position. Jobs are initially created there in large office centers (Comcity, NEOPOLIS, K2, BP "Rumyantsevo"), shopping centers (TC "RIO" on Kievskoye Shosse, agricultural cluster "Food City", supermarket "Smartory"). They are conveniently accessible, and residential development will take place nearby.
Rose Group commercial director Natalya Saakyants also speaks out in defense of the suburban areas: “In the near Moscow region there are locations that are historically considered attractive for living, for example, western or northwestern directions. In turn, within the boundaries of the Moscow Ring Road there are traditionally less popular areas where industrial facilities are now or previously located. In such locations, housing prices will be lower than in more prestigious and environmentally friendly areas.”
The expert notes that in old Moscow there are often areas that, in many respects, lag behind new projects outside the ring road. As a rule, these are areas with “panel” housing stock that requires radical renovation, and there is no metro within walking distance. As an example, she cites the Biryulyovo district, where, despite the active expansion of the metro network, new stations are not planned for construction. “Such areas are difficult to compare with a number of new projects in the near Moscow region, where developers think through the concept, layout options, architectural solutions, and internal infrastructure features in detail,” says Natalya Sahakyants.
When choosing the location of a new project, the developer always analyzes the area for competitive advantages, the expert notes. For example, the residential complex “Peredelkino Blizhnoe” is largely developing due to its well-known historical context. In other cases, new neighborhoods themselves form points of attraction over time. As they develop, modern educational institutions with a unique teaching staff, branches of famous sports sections may appear here, and a special climate for a comfortable life and running a small business will be formed. In other words, conditions are created under which the project sells itself. She lists such objects as